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SENTENCING ACT 1991 - SECT 118

Transitional provisions (1997 amendments)

    (1)     The amendments of this Act made by a provision of section 5, 9, 11, 12, 14, 16 to 18, 26, 30 or 31 of the Sentencing and Other Acts (Amendment) Act 1997 apply to a sentence imposed, or judgment given, after the commencement of that provision, irrespective of when the offence was committed.

    (2)     The amendments of this Act made by a provision of section 6 or 10 of the Sentencing and Other Acts (Amendment) Act 1997 apply to a proceeding for an offence that is commenced after the commencement of that provision, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

    (3)     The amendments of this Act made by a provision of section 13, 15, 19 or 21 of the Sentencing and Other Acts (Amendment) Act 1997 apply to a failure to comply with a sentencing order that is alleged to have occurred after the commencement of that provision, irrespective of when the sentencing order was made.

S. 118(3A) inserted by No. 69/1997 s. 19.

    (3A)     The amendment of section 68 of the Crimes Act 1958 made by item 45(a) of Schedule 1 to the Sentencing and Other Acts (Amendment) Act 1997 effecting a change from summary to indictable in the nature of an offence against that section applies only to offences alleged to have been committed after the commencement of that Schedule.

S. 118(3B) inserted by No. 69/1997 s. 19.

    (3B)     The amendment of section 70D(1) of the Crimes Act 1958 made by item 51 of Schedule 1 to the Sentencing and Other Acts (Amendment) Act 1997 effecting a change from indictable to indictable triable summarily in the nature of an offence against that section applies to a proceeding for an offence that is commenced after the commencement of that Schedule, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

S. 118(3C) inserted by No. 69/1997 s. 19.

    (3C)     The amendments of sections 91 and 343 of the Crimes Act 1958 made by items 67(a) and 99 of Schedule 1 to the Sentencing and Other Acts (Amendment) Act 1997 effecting a change from indictable to summary in the nature of an offence against those sections apply to a proceeding for an offence that is commenced after the commencement of that Schedule, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

S. 118(3D) inserted by No. 69/1997 s. 19.

    (3D)     For the purposes of subsection (3A), if an offence is alleged to have been committed between two dates and Schedule 1 to the Sentencing and Other Acts (Amendment) Act 1997 commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that Schedule.

    (4)     A person in respect of whom a suspended sentence imposed under section 28 is in force immediately before the commencement of section 14(5) continues to be subject to the requirements of that sentence in all respects as if the Sentencing and Other Acts (Amendment) Act 1997 had not been passed and that sentence may be cancelled or varied and any failure to comply with it may be dealt with under this Act as in force immediately before that commencement despite anything to the contrary in this section.

    (5)     A person referred to in subsection (4) may continue to be dealt with under the Alcoholics and Drug-dependent Persons Act 1968 as in force immediately before the commencement of section 67 of the Sentencing and Other Acts (Amendment) Act 1997 .

    (6)     For the purposes of this section a sentence imposed by an appellate court on setting aside a sentencing order must be taken to have been imposed at the time the original sentencing order was made.

S. 119 repealed by No. 48/1997 s. 33, new s. 119 inserted by No. 69/1997 s. 20.



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